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Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... any law­ful authority. Ed.                           ......with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellant. K.A, Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by S. S. Huda, Advocate-on-Record.-For the Respondent Nos. 1..

Category: Others | Date: | Hits: 110

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For the Appellant. KA Bakr, Attorney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respon..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......stitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. ..

Category: Employment/Service Law | Date: | Hits: 102

S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)

....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ....... A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record--For the Res­pondent. ..

Category: Criminal Law | Date: | Hits: 62

Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)

....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on-Record— For the Respondents 1,2,4..

Category: Constitutional Law | Date: | Hits: 160

Govt. of Bangla­desh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....e sustained. Therefore, the appeal is allowed. The judg­ment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......ellip;……………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instruc­ted by Abdul Wadud Mian, Advocate-on-Record.—For the ..

Category: Criminal Law | Date: | Hits: 171

M/s. Everett Ori­ent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......al depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income-tax officer refused such additional dep­reciation. Thereafter, the Appellate Assistant Commissioner while disposing of the appeal observed: "The Income Tax Off..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)

....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......for Tk. 54,433/ was dis­allowed. However, the assesses was allowed credit of Rs. 18,189/- already paid by the as­sessee. The appeal preferred by the assessee was dismissed by the Appellate Assistant Com­missioner of Income-fax. The assesses being unsuccessful before the Appellate Ass..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......eral who was displeased with him since he was promoted to the post of Deputy Director and was trying to get rid of him, if necessary, by forcibly transferring him to the Ministry. He was appointed as Assistant Aerodrome Officer on June 6, 1962, promoted to the post of Assistant Director on 22 July, ..

Category: Constitutional Law | Date: | Hits: 188

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......llip;………………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the Appellants...

Category: Employment/Service Law | Date: | Hits: 92

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ......s not responsible for the delay. But it has been found by the enquiry officer that the respon­dent was reminded of the order for taking up the work both by the Superintending En­gineer and Assistant Engineer and that when the superior officer passed the order to take up the work the resp..

Category: Employment/Service Law | Date: | Hits: 87

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......essions Judges and of the two other members of such Court one shall be appointed from amongst officers of the defence services, nor below the rank of Lt. Col. or equivalent and the other from amongst Assistant sessions Judges or District or Additional District Magistrates." This was amended on 1..

Category: Criminal Law | Date: | Hits: 287

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......n made without lawful authority and of no legal effect. 36. In Civil Appeal No. 39 of 1979 appe­llant Mokaddis Ali challenged the order of his removal from service while he was officiating as an Assistant Sub-Inspector of Police, Baidyer Bazar Police Station in the district of Dacca. He was rem..

Category: Constitutional Law | Date: | Hits: 188

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... the elec­tion materials were found at his residence or at the centre. He disappeared and after two days be was arrested by the police on a complained filed by the Elec­tion Officer-cum Assistant Returning Officer, Khulna in Khulna P.S. Case No, 52 dated 16-8-77 under M.L.R. 17/75 ; ..

Category: Election Law | Date: | Hits: 121

Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)

.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... Wealth Tax: Provided further that where the capital value of such property has not been so determined, the Wealth Tax Officer shall not accept with the prior approval of the Inspecting Assistant Commissioner of Wealth Tax, adopt a value higher than a sum equal to ten times the gro..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ......ssment year 1963/64 on a total sum of Tk. 2,96,61,282/- by an order dated 14.6 1968 as against the net sum of Tk. 1,55,93,612/-as shown  by the assesses in his return. On appeal the Appellate Assistant Commissioner allowed the appeal in part and deleted the addition made on account of reval..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocate on-Record (absent)—For the..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......it Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challen­ged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager under Bangladesh Tea Industry Management Committee (hereinafter referred to as B...

Category: Employment/Service Law | Date: | Hits: 92

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ...... J.- The petitioner is an Assis­tant Sub-Inspector of Police and he unsuccess­fully called in question, the order of his reversion from the position of Officiating Sub-Inspector to that of Assistant Inspector in a Writ petition before the High Court. The High Court held against him and M..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......strial dispute, the company ini­tiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the allegation revealed that he prevented Mr. Alvi, Assistant Manager, from leaving the office for his house and had also prevented his car from moving..

Category: Labour and Industrial Law | Date: | Hits: 91